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Lewitt Hackman

California Courts Weighing In re Employees and COVID-19

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California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

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The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Fisher Phillips

California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers

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The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. The court didn’t go so far as to say such claims...more

Proskauer - California Employment Law

California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19

Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2020-2021

A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021. Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more

Polsinelli

Missouri Protects Health Care Providers from Civil Actions Relating to COVID-19 Exposure

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On July 7, 2021, Missouri Governor Mike Parson signed SB 51 into law, which protects health care providers from being held liable in civil actions for COVID-19 exposure (the “Act”)....more

Ward and Smith, P.A.

An Update on North Carolina Medical Malpractice Law

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With an end to the COVID-19 pandemic in sight, it's hard to forget the terrible impact it had on our society and the tremendous strain it put on our medical community. Doctors, nurses, and other medical staff fought...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 11

Welcome to the eleventh, post-Memorial Day issue of the 2021 edition of Unprecedented. As India and Peru experience record COVID-19 cases, many parts of the United States have reached a return to normality that was...more

Maynard Nexsen

At Long Last: South Carolina Passes COVID-19 Liability Immunity

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On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability if an employee claims s/he contracted...more

Littler

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

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Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the...more

Jones Day

New Florida Law Limits Liability for Defendants Facing COVID-19 Lawsuits

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A new Florida law provides civil immunity from COVID-related lawsuits to defendants that complied in good faith with government health standards, and it imposes heightened pleading and proof requirements on plaintiffs. On...more

Butler Weihmuller Katz Craig LLP

Florida's New COVID-19 Liability Protection Legislation: What It Means And The Legal Effect Moving Forward

The COVID-19 pandemic has affected the state of Florida, and the country, in ways that were unimaginable one year ago. The pandemic has taken a catastrophic toll on individuals and has had a devastating effect on many...more

Littler

West Virginia Enacts COVID-19 Jobs Protection Act

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On March 19, 2021, Governor Jim Justice signed legislation enacting a coronavirus liability shield law.  Senate Bill 277, the COVID-19 Jobs Protection Act (“the Act”), is effective retroactively from January 1, 2020 and...more

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

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On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

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Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021.  House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more

Jackson Lewis P.C.

Employer Not Liable For Spouse’s COVID-19 Infection, California Court Rules

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One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more

Rumberger | Kirk

COVID-19 General Liability Legislation Extension to Healthcare Providers

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Shortly after the introduction of the COVID-19 general liability bill, (HB 7 and SB 72) in an effort to protect businesses from frivolous lawsuits, Senate Judiciary Chairman Jeff Brandes of St. Petersburg introduced Senate...more

Harris Beach PLLC

The Risk of Personal Injury Claims from COVID-19 and What to Do About It

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Product distributors, online retailers, and owners of facilities that are open to the public, such as restaurants, brick-and-mortar retailers, and office buildings, may be wondering about their risk of personal injury claims...more

Burr & Forman

Alabama Enacts COVID-19 Liability Protections for Businesses and Healthcare Providers

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On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure...more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

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With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more

Farrell Fritz, P.C.

COVID coverage for business losses? “No,” says the first New York court to address the issue of whether a business interruption...

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COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division.  Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations....more

Robins Kaplan LLP

Robins Kaplan Justice Report Fall 2020 | VOL. 14 NO. 4

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Marquardt v. Schaffhausen, 941 N.W.2d 715 (Minn. 2020), for example, is a medical malpractice action where Patricia Marquardt suffered a brain injury when she developed an untreated infection after undergoing a knee...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

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Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

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